JUDGMENT :

1. The present application is filed for seeking following reliefs:

(A) YOUR LORDSHIPS may be pleased to admit and allow the present petition;

(B) YOUR LORDSHIPS may be pleased to quash and set-aside the impugned complaint dated 03/02/2017, bearing Criminal Case No. 41 of 2017 pending in the Court of J.M.F.C. Malpur, District: Aravalli (Annexure– A);

(C) YOUR LORDSHIPS may be pleased stay further complaint proceedings dated of the 03/02/2017, impugned bearing Criminal Case No. 41 of 2017 pending in the Court of J.M.F.C. Malpur, District: Aravalli, pending admission, hearing and final disposal of the present petition;

(D) An ex-parte ad interim relief in terms of prayer [C] above may kindly be granted;

(E) Pass such orders as thought fit in the interest of justice.”

2.1 Brief facts as per the case of the applicant in this application are as such that the applicant is involved in agriculture and acts as an agriculture agent. In May 2012, the applicant supplied cotton seeds, pesticides, and money worth Rs. 5,03,000/- to respondent No. 2, with an agreement that the respondent would supply the cotton produce to the applicant in return. However, respondent No. 2 sold the cotton produce to someone else, breached the trust, and cheated the applicant by not repaying the due amount. When the applicant demanded the money, respondent No. 2 refused and issued threats.

2.2 The applicant issued a legal notice to respondent No. 2 on 22/09/2015, but there was no response. Subsequently, on 21/01/2016, the applicant filed a complaint with the Vijapur Police station, which led to the registration of an F.I.R. on 06/02/2016 under Sections 406 & 420 of the Indian Penal Code (I.P.C). Respondent No. 2, in turn, issued a legal notice to the applicant on 02/05/2016, making false claims and demanding an amount of Rs. 9,28,372/-. The applicant alleges that the money was given to respondent No. 2 for growing cotton, and the latter's friend collected the money on some occasions, with the applicant obtaining his signature on the vouchers.

2.3 The applicant further claims that respondent No. 2 presented concocted documents before the Hon'ble Court, which lacked the applicant's signature, and obtained a stay of investigation and proceedings of the F.I.R. through an order dated 23/01/2017, passed in Criminal Misc. Application No. 34460 of 2016. The applicant also alleges that he was not served any notice or summons in the impugned complaint filed by respondent No. 2. Instead, the police informed his family member that there was a warrant against the applicant, asking him to remain present before the J.M.F.C. Court Malpur in the said complaint case on 27/04/2018.

2.4 Based on these contentions, the applicant has preferred the present application to address the issues and seek appropriate resolution.

3. Heard learned advocate Mr. Dipak H. Sindhi for the applicant, learned advocate Ms. Amrita Ajmera for Mr. Daifraz Havewalla, learned advocate for the respondent No.2 – complainant and learned Assistant Public Prosecutor (APP) Mr. Soaham Joshi appearing for the respondent No.1 – State.

4.1 Learned advocate Mr. Dipak H. Sindhi for the applicant has submitted that upon a bare reading of the private complaint filed by the complainant, no offence is made out against the applicant herein. He argues that the trial court has committed a gross error of law by not considering the fact that the complainant does not have any averment which constitutes an offence against the applicant. Mr. Sindhi further contends that, on the contrary, the complainant has suppressed many things in the complaint. Therefore, on this ground also, the impugned complaint is required to be quashed.

4.2 Furthermore, Mr. Sindhi points out that the complaint is filed as a counterblast, as the complainant has already lodged an F.I.R. bearing C.R. No. I-13 of 2016 on 6.2.2016 under Sections 420 & 406 of the Indian Penal Code, 1860 (for short, "the IPC"). He draws attention to the notice correspondence, whe